New Jersey Real Estate Law Questions & Answers

Q: My wife died recently. Can I sell the apartment we owned together in PR or do I first have to take her name off the deed

1 Answer | Asked in Probate and Real Estate Law for New Jersey on
Answered on Apr 30, 2016

You have to repost this in the PR section. NJ law does not apply to PR.
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Q: In virginia do you have to use the title company's attorney to close on real state?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Apr 30, 2016

You need to ask an attorney in Virginia.
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Q: In virginia is the buyer obligated to use the title company's attorney?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Apr 29, 2016

Why would you ask a Virginia law question in NJ? Don't know the answer. They are NOT in NJ
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Q: Only the wife is on the deed of real property. The husband passes away. Can the wife disclaim the property?

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for New Jersey on
Answered on Apr 23, 2016

Maybe, more information is needed and the will would have to be reviewed and remember time limits do apply so I suggest a consultation with a lawyer, it may cost a few bucks but could be worth it in the end.
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Q: Q: Girlfriend & I Bought house. She says signing a quit claim removes me from the mortgage. I want out what do I do?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Apr 10, 2016

You would have to either sell the house or hire an attorney to bring a partition action or otherwise force a sale. A quitclaim deed NEVER removes anyone from a mortgage. You really need to retain your own attorney and soon. Good luck.
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Q: I live in NJ and my landlord sold his condo that I rent. How soon before I have to move out if new owner occupies unit?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Answered on Apr 10, 2016

The new owner is obligated to honor the existing lease, absent some provision to the contrary. If the new owner wants you to vacate the property, the owner may be willing to pay you to move. Good luck.
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Q: Friend's hubby in jail. Mtg in his name. She's only on deed, not loan. Is she a tenant?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Answered on Apr 7, 2016

She is not a tenant. She is a co-owner. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney.
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Q: Can I claim ownership of the property if I pay the taxes due because the previous owner did not pay them?

1 Answer | Asked in Tax Law and Real Estate Law for New Jersey on
Answered on Mar 7, 2016

Absolutely not! To acquire a parcel of Real Estate by way of tax lien foreclosure, you need to follow the appropriate legal process and do so exactly. You should not even think of doing this without retaining an experienced tax lien foreclosure attorney. Good luck.
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Q: What is the limit in Connecticut for charging a finder fee for funds belonging to a previous owner for a Tax sale?

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Answered on Mar 4, 2016

You need to ask this in CT
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Q: I am a real estate agent. I have two buyers who wants to make an offer on same property. What should I do?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Mar 3, 2016

You present both offers to the seller agent. But remember we don't know the facts of your case so this is NOT legal advise and thus do not rely on it. If you need more advise I suggest that you setup a consultation with a lawyer.
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Q: In the state of new jersey, if you make a written offer on a home, then seller counters verbally, you accept

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Feb 26, 2016

This happens all the time. If the RE agent does communicate the offer to the seller in a timely fashion that is all that matters. Even if what you are describing was not legal, what are your damages and how could you furnish the necessary proof to enable an attorney to prove your case? Good luck.
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Q: How long should a refinance last in New Jersey

1 Answer | Asked in Consumer Law and Real Estate Law for New Jersey on
Answered on Feb 15, 2016

Your question is not clear at all. If you are asking how long the process takes to obtain a decision on a refinance, there is no specific time period. It will depend on the lender and how quickly you furnish the lender with a full and complete loan refinance application. If your question is how long will the loan's term be, then there are numerous possible answers. You really need to be more specific. Good luck.
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Q: We bought a townhome in Murrells Inlet, South Carolina four years ago. The HOA is now requiring us to move our back

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Feb 10, 2016

You need to ask attorneys in SC. NJ law is not relevant. Good luck.
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Q: When foreclosed on , can the bank deny selling the home back to the owner if they have a mortgage commitment for owed

1 Answer | Asked in Real Estate Law and Foreclosure for New Jersey on
Answered on Feb 9, 2016

The bank can sell the property to whom ever they chose. No, the 1099G is a tax form. The property sounds like it was already sold at sheriff sale. The only way to properly answer your question is with an in person consultation with an experienced mortgage foreclosure/bankruptcy attorney. Good luck.
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Q: In New Jersey, do I have to pay my realtor commission for selling my house if I found the buyer myself?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Feb 9, 2016

Probably, you need a lawyer to review the contract and tell you, your rights and liabilities as every contract and situation is different.
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Q: In NJ if you signed an Assent to Execution of Deeds and Waiver of Marital Rights are you still responsible for a

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Feb 7, 2016

There is an insufficient factual basis to answer your questions and address your concerns. You need to rewrite your statement in the form of a meaningful question for someone to be able to provide useful ideas. Good luck.
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Q: Do we have to disclose on sellers disclosure the plans for land across the street in NJ?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Feb 7, 2016

You really should have an in person consultation with a Real Estate attorney to make that determination. Good luck.
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Q: Can a co borrower that is no longer on deed sue you to remove them from mortgage?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Jan 18, 2016

Only a refinance of the mortgage will remove the co-borrower from the mortgage. The other person can try to force a sale, but there is no guarantee that they would be successful. You really need to consult with an experienced attorney to discuss the entire situation and have all your documents reviewed. Good luck.
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Q: what are the steps i need to take to force my sister to sell a house we both own

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Jan 17, 2016

You need to retain counsel to file a partition action. However, without an in person consultation it is impossible to know exaclty what will actually be required. Far more facts and documents will be necessary. Good luck.
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Q: I am in the process of buying a condo with water damage inside due to a leaky roof. Is the Association responsible?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Jan 5, 2016

Whether or not the association is responsible, requires an examination of the By Laws and more specific facts than you have provided. You need to have an in person consultation with an experienced attorney. Good luck
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